This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
98th Legislative Day Tuesday, April 13,
1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rev. Gilbert Caldwell, Park
Hill Methodist Church, Denver.
Roll Call Present--Total, 33.
Absent/Excused--Lacy, Weddig--Total, 2.
Present later--Lacy, Weddig.
Quorum The President announced a quorum present.
Reading of On motion of Senator Epps, reading of the Journal of April 12th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly printed: SB 99-227; also SJR 99-29, 30, 31, 32, 34.
Services
Correctly engrossed: SB 99-84.
To the Governor for signature on Monday, April 12, 1999, at 2:20 pm:
SB 99-44, 137, 142.
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committee indicated:
SB 99-228 by Senators Owen, Anderson, Hillman, Lacy, Tanner, and Weddig; also Representatives Dean, Hagedorn, Leyba, May, and T. Williams--Concerning the allocation of moneys to the employment support fund.
Local Government
SIGNING OF BILLS
The President has signed: HB99-1027, 1061, 1071,
1301, 1310.
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJM99-002.
______________________________
CONSIDERATION OF MEMORIAL
SJM 99-002 by Senators Anderson, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Feeley, Hernandez, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Thiebaut, Wattenberg, and Wham; also Representatives George, Tool, Alexander, Allen, Bacon, Berry, Chavez, Clarke, Dean, Gordon, Gotlieb, Grossman, Hagedorn, Hefley, Johnson, Kaufman, Keller, Lawrence, Leyba, Mace, May, McElhany, McPherson, Miller, Morrison, Paschall, Pfiffner, Saliman, Sinclair, Smith, Spradley, Swenson, Takis, Tate, Taylor, Tupa, Veiga, S. Williams, T. Williams, Witwer, Young, and Zimmerman--Memorializing Senator and former Representative Anthony S. "Tony" Grampsas.
(Printed in Senate Journal, April 5, pages 680-682.)
On motion of Senator Anderson, the Resolution was ADOPTED by the following roll
call vote:
YES 34 | NO 0 | EXCUSED 1 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | Y | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | E | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
Co-sponsors added: Andrews, Arnold, Evans, Hillman,
Phillips, Teck, Weddig.
THIRD READING OF BILL--FINAL PASSAGE
On Third Reading, the title of the following bill
was publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 99-084 by Sen. Chlouber--Concealed Handgun Permits
The question being "Shall the bill pass?" the roll was called with the following result:
YES 24 | NO 11 | EXCUSED 0 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | Y | Tanner | N |
Andrews | Y | Feeley | N | Nichol | Y | Tebedo | N |
Arnold | Y | Hernandez | N | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | N | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | Y | Wattenberg | Y |
Congrove | Y | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | Y | Linkhart | N | Reeves | N | Wham | Y |
Dyer | Y | Martinez | N | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | Y | Sullivant | Y |
A majority of all members elected to the Senate
having voted in the affirmative, the bill was declared PASSED.
Co-sponsors added: Arnold, Epps, Lamborn, Musgrave.
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
Senate in recess.
Senate reconvened.
Call of Call of Senate.
Senate
Call Raised.
Senate in recess.
Senate reconvened.
MESSAGE FROM THE HOUSE:
April 13, 1999
Mr. President:
The House has adopted the First Report of the First
Conference Committee on SB99-215, as printed in House Journal,
April 13, and has repassed the bill as so amended. The bill is
returned herewith.
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB99-215
*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on SB99-215,
concerning the provision for payment of the expenses of the executive,
legislative, and judicial departments of the state of Colorado,
and of its agencies and institutions, for and during the fiscal
year beginning July 1, 1999, except as otherwise noted, has met
and reports that it has agreed upon the following:
1. That the Senate accede to the House amendments
made to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 85, line 7, in the ITEM
& SUBTOTAL column, strike "340,424" and substitute
"326,024", in the GENERAL FUND column, strike "137,741(M)"
and substitute "130,541(M)", and, in the FEDERAL FUNDS
column, strike "170,212" and substitute "163,012".
Adjust affected totals accordingly.
Page 90, line 4, strike "$14,695.68" and
substitute "$14,656.98" and, in the ITEM & SUBTOTAL
column, strike "512,673,386" and substitute "511,323,440";
line 8, strike "$9,098.96" and substitute
"$9,090.46" and, in the ITEM & SUBTOTAL column,
strike "47,196,299" and substitute "47,152,193".
Page 91, line 6, strike "$6,973.19" and
substitute "$6,969.79" and, in the ITEM & SUBTOTAL
column, strike "371,204,084" and substitute "371,022,936".
Page 93, line 9, in the TOTAL column, strike "1,227,549,531"
and substitute "1,225,974,331", in the GENERAL FUND
column, strike "608,854,045(M)" and substitute "608,068,020(M)",
and, in the FEDERAL FUNDS column, strike "608,842,353"
and substitute "608,053,178" .
Adjust affected totals accordingly.
Page 133, line 8, in the ITEM & SUBTOTAL column,
strike "1,797,976" and substitute "1,783,576".
Page 134, line 9, in the TOTAL column, strike "32,611,063"
and substitute "32,596,663" and, in the CASH FUNDS EXEMPT
column, strike "4,206,326c" and substitute
"4,191,926c".
Adjust affected totals accordingly.
Page 135, line 1, strike "$2,199,780(T)"
and substitute "$2,185,380(T)".
Adjust affected (T) notation totals accordingly.
Page 138, line 9, in the ITEM & SUBTOTAL column,
strike "48,889,088" and substitute "48,807,008"
and, in the CASH FUNDS column, strike "48,318,242a"
and substitute "48,236,162a";
line 15, strike "$63.84" and substitute
"$62.91", in the ITEM & SUBTOTAL column, strike
"3,145,605" and substitute "3,099,845", in
the GENERAL FUND column, strike "2,349,836" and substitute
"2,313,228", and, in the CASH FUNDS EXEMPT column, strike
"795,769c" and substitute "786,617c".
Adjust affected totals accordingly.
Page 140, line 9, strike "$587,459(L)"
and substitute "$578,307(L)".
Adjust affected (L) notation totals accordingly.
Page 141, line 1, in the GENERAL FUND column, strike
"6,464,502" and substitute "7,378,808" and,
in the FEDERAL FUNDS column, strike "127,098,917b"
and substitute "126,184,611b".
Adjust affected totals accordingly.
Page 112, line 13, in the ITEM & SUBTOTAL column,
strike "453,383,472" and substitute "453,383,372"
and, in the GENERAL FUND column, strike "199,078,196a"
and substitute "199,078,096a".
Adjust affected totals accordingly.
Page 115, line 9, in the ITEM & SUBTOTAL column,
strike "70,366,885" and substitute "70,366,985"
and, in the GENERAL FUND column, strike "39,454,291a"
and substitute "39,454,391a".
Adjust affected totals accordingly.
Page 119, line 3, in the ITEM & SUBTOTAL column,
strike "625,220" and substitute "1,125,220"
and, in the CASH FUNDS EXEMPT column, strike "625,220(T)a"
and substitute "1,125,220(T)a".
Adjust affected totals and affected (T) notation
totals accordingly.
Page 265, line 15, in the ITEM & SUBTOTAL column,
strike "625,220" and substitute "1,125,220".
Page 266, line 1, in the ITEM & SUBTOTAL column,
strike "3,758,620" and substitute "4,258,620"
and, in the GENERAL FUND column, strike "3,758,620"
and substitute "4,258,620".
Adjust affected totals accordingly.
Page 359, line 3, in the ITEM & SUBTOTAL column,
strike "1,031,073" and substitute "999,600"
and, in the GENERAL FUND column, strike "832,820(M)"
and substitute "801,347(M)";
line 7, in the ITEM & SUBTOTAL column, strike
"260,597" and substitute "250,749" and, in
the GENERAL FUND column, strike "260,597" and substitute
"250,749";
line 12, in the ITEM & SUBTOTAL column, strike
"4,948,648" and substitute "4,761,638" and,
in the GENERAL FUND column, strike "4,948,648" and substitute
"4,761,638".
Adjust affected totals accordingly.
Page 121, after line 11, insert the following:
ITEM & GENERAL
SUBTOTAL FUND
$ $
"Cumbres and
Toltec Railroad
Commission 10,000 10,000".
Adjust affected totals accordingly.
Page 123, line 10, strike "Program" and
insert "Program74a".
Page 129, line 3, after the period, add "It
is further the intent of the General Assembly that the entire
historic preservation grant process, from initial application
to final contract award, be made more user friendly and that the
State Historical Society report to the Joint Budget Committee
by November 1, 1999, on efforts to streamline this process.".
Page 141, line 1, in the GENERAL FUND column, strike
"6,464,502" and substitute "7,839,502" and,
in the FEDERAL FUNDS column, strike "127,098,917b"
and substitute "125,723,917b".
Adjust affected totals accordingly.
Page 147, line 14, in the ITEM & SUBTOTAL column,
strike "3,194,528" and substitute "1,819,528"
and, in the GENERAL FUND column, strike "1,375,000".
Adjust affected totals accordingly.
Page 141, line 1, in the GENERAL FUND column, strike
"6,464,502" and substitute "6,198,790" and,
in the FEDERAL FUNDS column, strike "127,098,917b"
and substitute "127,364,629b".
Adjust affected totals accordingly.
Page 149, line 4, in the ITEM & SUBTOTAL column,
strike "3,551,366" and substitute "3,889,853",
in the GENERAL FUND column, strike "1,240,385(M)" and
substitute "1,506,097(M)", and, in the FEDERAL FUNDS
column, strike "1,971,022b" and substitute
"2,043,797e";
line 5, in the ITEM & SUBTOTAL column, strike
"(44.0 FTE)" and substitute "(50.0 FTE)".
Adjust affected totals accordingly.
Page 149, after line 14, insert the following:
"e Of this amount, $1,971,022 shall
be from Child Care Development Funds and $72,775 shall be from
Title IV-E of the Social Security Act.".
Page 151, line 10, in the ITEM & SUBTOTAL column,
strike "960,000" and substitute "700,000"
and, in the CASH FUNDS EXEMPT column, strike "960,000h"
and substitute "700,000h".
Adjust affected totals accordingly.
Page 179, line 3, strike "Such other funding
sources shall include, but not be limited to, federal Temporary
Assistance to Needy Families Block Grant";
strike line 4.
Page 156, line 3, in the ITEM & SUBTOTAL column,
strike "10,767,049" and substitute "11,607,049"
and, in the GENERAL FUND column, strike "10,767,049"
and substitute "11,607,049".
Adjust affected totals accordingly.
Page 276, strike line 8.
Adjust affected totals accordingly.
Page 279, strike lines 15 through 17.
Page 161, line 3, in the ITEM & SUBTOTAL column,
strike "880,238" and substitute "915,258"
and, in the GENERAL FUND column, strike "315,180" and
substitute "350,200".
Adjust affected totals accordingly.
Page 646, strike lines 1 through 11.
Renumber succeeding section accordingly.
Page 198, line 4, in the ITEM & SUBTOTAL column,
strike "67,481,538" and substitute "67,161,626"
and, in the GENERAL FUND column, strike "67,481,538"
and substitute "67,161,626";
line 5, in the GENERAL FUND column, strike "(1,445.1
FTE)" and substitute "(1,439.1 FTE)";
line 6, in the ITEM & SUBTOTAL column, strike
"5,293,586" and substitute "5,280,486" and,
in the GENERAL FUND column, strike "3,566,850" and substitute
"3,553,750";
line 7, in the ITEM & SUBTOTAL column, strike
"163,600" and substitute "426" and, in the
GENERAL FUND column, strike "163,600" and substitute
"426".
Adjust affected totals accordingly.
Page 203, line 12, in the ITEM & SUBTOTAL column,
strike "19,763,961" and substitute "19,712,953"
and, in the GENERAL FUND column, strike "19,763,961"
and substitute "19,712,953";
line 13, in the GENERAL FUND column, strike "(321.4
FTE)" and substitute "(320.0 FTE)".
Page 204, line 3, in the ITEM & SUBTOTAL column,
strike "1,164,879" and substitute "1,161,411"
and, in the GENERAL FUND column, strike "1,152,129"
and substitute "1,148,661";
line 4, in the ITEM & SUBTOTAL column, strike
"43,904" and substitute "37,525" and, in the
GENERAL FUND column, strike "43,904" and substitute
"37,525".
Adjust affected totals accordingly.
Page 242, line 2, strike "Colorado." and
substitute "Colorado. Further, this report should outline
the actions being taken at each CERCLA site toward delisting the
site from the U.S. Environmental Protection Agency's National
Priorities List, as well as provide a time line estimating when
each site will be removed from the National Priorities List.
The Department is requested to submit this report to the Joint
Budget Committee by November 1, 1999.".
Page 262, line 9, in the ITEM & SUBTOTAL column,
strike "1,467,000" and substitute "2,643,899"
and, in the GENERAL FUND column, insert "1,176,899";
line 10, in the GENERAL FUND column, insert "(2.5
FTE)" and, in the CASH FUNDS EXEMPT column, strike "(2.5
FTE)".
Adjust affected totals accordingly.
Page 293, line 7, in the ITEM & SUBTOTAL column,
strike "1,717,754" and substitute "1,660,322",
in the CASH FUNDS column, strike "858,877a"
and substitute "830,161a", and, in the CASH
FUNDS EXEMPT column, strike "858,877b" and
substitute "830,161b";
line 8, in the ITEM & SUBTOTAL column, strike
"(34.0 FTE)" and substitute "(32.0 FTE)";
line 9, in the ITEM & SUBTOTAL column, strike
"112,418" and substitute "104,830", in the
CASH FUNDS column, strike "56,209a" and substitute
"52,415a", and, in the CASH FUNDS EXEMPT
column, strike "56,209b" and substitute "52,415b".
Adjust affected totals accordingly.
Page 305, line 2, strike "Recreation" and
substitute "Recreation190a";
line 5, in the ITEM & SUBTOTAL column, strike
"4,310,191" and substitute "4,535,191".
Page 306, line 7, in the ITEM & SUBTOTAL column,
strike "21,722,251" and substitute "21,947,251"
and, in the CASH FUNDS column, strike "18,006,137a"
and substitute "18,231,137a";
line 9, strike "$18,004,463" and substitute
"$18,229,463".
Adjust affected totals accordingly.
Page 319, after line 1, insert the following:
"190aDepartment of Natural Resources,
Division of Wildlife, Wildlife Related Recreation, Hunting Recreation
-- The Division is requested to submit a study examining the causes
of the decline in deer populations in Colorado. This study should
specifically evaluate the effect predators are having on deer
populations in Colorado, and should include recommendations to
the General Assembly for improving deer management in the State.
This report should be submitted to the Joint Budget Committee,
the House Committee on Agriculture, Livestock, and Natural Resources,
and the Senate Committee on Agriculture, Natural Resources, and
Energy by November 1, 1999.".
Page 311, line 6, in the ITEM & SUBTOTAL column,
strike "122,437" and substitute "149,437"
and, in the GENERAL FUND column, strike "13,652" and
substitute "40,652".
Adjust affected totals accordingly.
Page 311, after line 7, insert the following:
ITEM & GENERAL
SUBTOTAL FUND
$ $
"Soil Surveys 75,000 75,000".
Adjust affected totals accordingly.
Page 476, line 4, strike "OPERATIONS"
and substitute "OPERATIONS251a".
Page 478, after line 15, insert the following:
"251aDepartment of Transportation, Construction,
Maintenance, and Operations -- The General Assembly is concerned
that the Department of Transportation does not currently provide
toll-free information on roadway conditions in Colorado. The
Department is requested to study the cost and feasibility of providing
statewide toll-free telephone service for road conditions and
information. This study should include an analysis of the additional
cost of updating the information provided on the toll-free telephone
service at least four to six times per day. This report should
be submitted to the Joint Budget Committee by November 1, 1999.".
Page 487, line 3, strike "regulating carbon
dioxide";
line 4, strike "or otherwise".
Page 545, after line 7, insert "Install Gantry
Crane", in the ITEM & SUBTOTAL column, insert "49,500",
in the CAPITAL CONSTRUCTION FUND EXEMPT column, insert "16,500",
in the CASH FUNDS column, insert "16,500a",
and, in the CASH FUNDS EXEMPT column, insert "16,500b".
Adjust affected totals accordingly.
Page 545, line 15, strike "a This
amount" and substitute "a These amounts".
Page 546, line 1, strike "b This
amount" and substitute "b These amounts".
Page 560, after line 8, insert the following:
CASH
ITEM & FUNDS
SUBTOTAL EXEMPT
$ $
"Land Acquisitions
2,500,000 2,500,000a".
Adjust affected totals accordingly.
Page 574, strike lines 7 and 8, and substitute the
following:
"3aCapital Construction, Department of
Natural Resources, Division of Wildlife -- It is the intent of
the General Assembly that the Division better inform members of
the General Assembly regarding the purchase of property and easements.
As soon as the Division starts to consider a property acquisition
or easement, the Division is directed to contact all members of
the General Assembly whose districts would be impacted by the
possible acquisition or easement. Such notification shall include
the specific location of the property or easement to be acquired,
the mechanism for funding the proposal, and the justification
for seeking the acquisition or easement.".
2. That, under the authority granted the committee
to consider matters not at issue between the two houses, the following
amendment be recommended:
Amend rerevised bill, page 27, line 11, in the GENERAL
FUND column, strike "1,957,218" and substitute "6,867,316"
and, in the FEDERAL FUNDS column strike "4,910,098b";
line 14, in the GENERAL FUND column, strike "35,082,729"
and substitute "30,172,631" and, in the FEDERAL FUNDS
column, insert "4,910,098b".
Page 69, strike lines 11 through 13, and substitute
the following:
"29Department of Education, Public School
Finance, Total Program -- It is the intent of the General Assembly
that, if less than $2,240,000 of this appropriation is used to
backfill reductions in districts' property tax revenue due to
business incentive agreements authorized by Section 22-32-110
(1) (ff) and (1) (gg), C.R.S., that are entered into prior to
July 1, 1999, no more than an amount of this appropriation equal
to the difference between $2,240,000 and the amount so used due
to such existing agreements is to be used to backfill reductions
in districts' property tax revenue due to such business incentive
agreements that are entered into on or after July 1, 1999. It
is the further intent of the General Assembly that, if $2,240,000
or more of this appropriation is used to back fill reductions
in districts' property tax revenue due to such business incentive
agreements that are entered into prior to July 1, 1999, no amount
of this appropriation shall be used to backfill reductions in
districts' property tax revenue due to such business incentive
agreements that are entered into on or after July 1, 1999.".
Page 72, line 7, in the GENERAL FUND column, strike
"2,086,341" and substitute "2,146,341" and,
in the CASH FUNDS EXEMPT column, strike "95,568(T)a"
and substitute "35,568(T)a".
Adjust affected totals and affected (T) notation
totals accordingly.
Page 88, line 9, in the ITEM & SUBTOTAL column,
strike "243,083" and substitute "250,841",
in the GENERAL FUND column, strike "108,698(M)" and
substitute "112,577(M)", and, in the FEDERAL FUNDS column,
strike "121,541" and substitute "125,420".
Adjust affected totals accordingly.
Page 440, line 12, strike "$228,591" and
substitute "$220,833", and strike "$202,712"
and substitute "$210,470".
Page 89, line 13, strike "PREMIUMS49,
50, 51, 52, 53, 54, 55, 56, 57, 58" and substitute
"PREMIUMS49, 50, 51, 52, 53, 54, 55, 56, 57, 58,
58a".
Page 103, after line 16, insert the following:
"58aDepartment of Health Care Policy
and Financing, Medical Services Premiums -- It is the intent of
the General Assembly that the Department implement the payment
methodology known as "lower of" for emergency transportation
providers as assumed in this appropriation, pursuant to Section
26-4-404 (1) (b) (I) (A), Colorado Revised Statutes. In addition,
the Department is authorized to provide per-mile rate increases
for emergency transportation providers in the area of basic life
support and advanced life support to help ensure adequate access
to services. However, it is also the intent of the General Assembly
that the FY 1999-2000 combined impact to emergency transportation
providers of (1) the re-implementation of the "lower of"
payment methodology for emergency transportation providers and
(2) emergency transportation provider mileage rate enhancements
result in a net reduction of no greater than the $280,000 total
funds (including $139,720 General Fund and $140,280 federal funds)
contained in this appropriation. The authorized rate enhancement
for emergency transportation providers is thus limited to an
amount equal to the difference between the estimated savings from
the re-implementation of the "lower of" methodology
for such providers and the $280,000 reduction assumed in this
appropriation. The Department is requested to report to the Joint
Budget Committee on its actions to increase emergency transportation
provider rates no later than November 15, 1999.".
Page 149, line 4, in the FEDERAL FUNDS column, strike
"1,971,022b" and substitute "1,971,022e";
line 12, strike "b These amounts"
and substitute "b This amount";
after line 14, insert the following:
"e Of this amount, $1,850,022 shall
be from Child Care Development Funds and $121,000 shall be from
Title IV-E of the Social Security Act.".
Page 185, line 16, strike "serving 700 children
operate for FY 1997-98, FY 1998-99, and FY" and substitute
"serve 700 children in FY 1997-98 and FY 1998-99 and serve
507 children in FY 1999-2000.";
line 17, strike "1999-2000, prior to the end
of which" and substitute "Prior to the end of this period,".
Page 203, line 11, strike "DEFENDER140"
and substitute "DEFENDER139a, 140".
Page 204, line 15, strike "COUNSEL141"
and substitute "COUNSEL140a, 141".
Page 212, after line 12, insert the following:
"139aJudicial Department, Public Defender
In addition to the transfer authority provided in Section 2475110,
C.R.S., up to 2.5 percent of the total Public Defender appropriation
may be transferred between line items in the Public Defender's
Office.";
after line 17, insert the following:
"140aJudicial Department, Alternate Defense
Counsel In addition to the transfer authority provided
in Section 2475110, C.R.S., up to 1.5 percent of the
total Alternate Defense Counsel appropriation may be transferred
between line items in the Alternate Defense Counsel's Office.".
Page 227, line 13, strike "$103,065" and
substitute "$82,931".
Page 233, line 13, in the ITEM & SUBTOTAL column,
strike "11,139,069" and substitute "11,238,069".
Page 234, line 3, in the TOTAL column, strike "13,257,331"
and substitute "13,356,331" and, in the CASH FUNDS EXEMPT
column, strike "13,141,081(T)b" and substitute
"13,240,081(T)b".
Adjust affected totals and (T) notation totals accordingly.
Page 255, line 11, in the ITEM & SUBTOTAL column,
strike "4,571,000" and substitute "7,171,000"
and, in the GENERAL FUND column, strike "4,571,000"
and substitute "7,171,000";
line 13, in the ITEM & SUBTOTAL column, strike
"3,800,000" and substitute "1,200,000" and,
in the GENERAL FUND column, strike "3,800,000" and substitute
"1,200,000";
line 15, in the ITEM & SUBTOTAL column, strike
"3,800,000" and substitute "1,200,000" and,
in the CASH FUNDS EXEMPT column, strike "3,800,000a"
and substitute "1,200,000a".
Adjust affected totals accordingly.
Page 256, line 10, strike "Section 24-32-2805(6)."
and substitute "Section 24-32-2805(6), C.R.S.".
Page 295, line 9, strike "$168,812" and
substitute "$161,590".
Page 335, line 13, in the GENERAL FUND column, strike
"(45.0 FTE)" and substitute "(44.0 FTE)" and,
in the CASH FUNDS EXEMPT column, insert "(1.0 FTE)".
Page 347, line 5, strike "September 1, 1999,"
and substitute "January 1, 2000,".
Page 366, strike line 5, and substitute the following:
"b Of this amount, $86,625 shall
be from reserves in the Stationary Sources Control Fund and $14,700
shall be from cash funds exempt revenues that are from a voter-approved
revenue change as a result of Amendment 14, concerning the regulation
of commercial hog facilities, which was approved by voters statewide
at the 1998 general election.".
Page 368, line 10, in the ITEM & SUBTOTAL column,
strike "1,996,916" and substitute "1,896,909"
and, in the CASH FUNDS EXEMPT column, strike "267,702b"
and substitute "167,695b";
line 11, in the CASH FUNDS EXEMPT column, strike
"(5.3 FTE)" and substitute "(3.3 FTE)".
Adjust affected totals accordingly.
Page 369, line 1, strike "Fund), $100,007 shall
be from reserves in the Water Quality Control Fund" and substitute
"Fund)";
line 5, in the ITEM & SUBTOTAL column, strike
"1,967,117" and substitute "2,109,764" and,
in the CASH FUNDS EXEMPT column, insert "142,647c";
line 6, in the CASH FUNDS EXEMPT column, insert "(2.0
FTE)";
line 7, in the ITEM & SUBTOTAL column, strike
"233,704" and substitute "191,064" and, in
the CASH FUNDS EXEMPT column, strike "53,692b"
and substitute "11,052b";
after line 12, insert the following:
"c This amount shall be from cash
funds exempt revenues that are from a voter-approved revenue change
as a result of Amendment 14, concerning the regulation of commercial
hog facilities, which was approved by voters statewide at the
1998 general election.".
Page 412, line 3, in the CASH FUNDS EXEMPT column,
strike "354,912(T)a" and substitute "354,912a";
line 5, in the CASH FUNDS EXEMPT column, strike "31,165(T)a"
and substitute "31,165a";
line 6, in the CASH FUNDS EXEMPT column, strike "40,531(T)a"
and substitute "40,531a";
strike line 9 and substitute the following:
"a Of these amounts, $363,222(T)
shall be from the Judicial Department out of the Victim Assistance
and Law Enforcement Fund pursuant to Section 24-33.5-506, C.R.S.
and $63,386 shall be from reserves in the Drug Offender Surcharge
Fund.".
Adjust affected (T) notation totals accordingly.
Page 504, strike lines 3 and 4, and substitute the
following:
"a This amount shall be from exempt
institutional sources.".
Page 519, line 6, in the CASH FUNDS EXEMPT column,
strike "23,000,000a" and substitute "23,000,000b";
line 8, in the CASH FUNDS EXEMPT column, strike
"3,600,000a" and substitute "3,600,000b";
line 10, in the CASH FUNDS EXEMPT column, strike
"410,000a" and substitute "410,000b";
after line 14, insert the following:
"a This amount shall come from exempt
institutional sources.".
Page 520, line 1, strike "a These"
and substitute "b These".
Page 521, line 9, in the CASH FUNDS EXEMPT column,
strike "5,380,200a" and substitute "5,380,200b";
line 14, strike "sources and are shown here
for informational purposes only. Therefore, they shall not be
accounted for in the State's Capital" and substitute "sources.";
line 15, before "Construction" insert the
following:
" b This amount shall be from exempt
institutional sources and is shown here for informational purposes
only. Therefore, it shall not be accounted for in the State's
Capital".
Page 523, line 13, in the CASH FUNDS EXEMPT column,
strike "10,364,038a" and substitute "10,364,038b".
Page 524, strike line 3, and substitute the following:
"a This amount shall be from exempt
institutional sources.";
line 4, before "Construction" insert the
following:
" b This amount shall be from exempt
institutional sources and is shown here for informational purposes
only. Therefore, it shall not be accounted for in the State's
Capital".
Page 544, strike lines 1 and 2, and substitute the
following:
"a This amount shall be from exempt
institutional sources.".
Page 573, line 14, strike "units. The renovation
of the second floor" and substitute "units, and rehabilitation
of the second floor space occupied by the Colorado Historical
Society. The renovation of the second floor occupied by the Colorado
Commission on Higher Education".
Page 581, line 1, in the FY 98-99 NON-EXEMPT REVENUES
column, strike "810,875" and substitute "22,000",
in the FY 98-99 TOTAL REVENUES column, strike "810,875"
and substitute "22,000", in the FY 99-00 NON-EXEMPT
REVENUES column, strike "100,000" and substitute "22,000",
and, in the FY 99-00 TOTAL REVENUES column, strike "100,000"
and substitute "22,000";
line 2, in the FY 98-99 NON-EXEMPT REVENUES column,
strike "22,000" and substitute "810,875",
in the FY 98-99 TOTAL REVENUES column, strike "22,000"
and substitute "810,875", in the FY 99-00 NON-EXEMPT
REVENUES column, strike "22,000" and substitute "60,000",
and, in the FY 99-00 TOTAL REVENUES column, strike "22,000"
and substitute "60,000".
Adjust affected totals accordingly.
Page 596, line 1, in the FY 99-00 NON-EXEMPT REVENUES
column, strike "12,672,535" and substitute "16,872,535"
and, in the FY 99-00 TOTAL REVENUES column, strike "12,672,535"
and substitute "16,872,535".
Adjust affected totals accordingly.
Page 598, line 9, in the ITEM & SUBTOTAL column,
strike "1,847,498,615" and substitute "1,846,498,615"
and, in the CASH FUNDS column, strike "5,915,354a"
and substitute "4,915,354a".
Adjust affected totals accordingly.
Respectfully submitted,
Senate Committee: House Committee:
(Signed) (Signed)
Sen. Elsie Lacy, Chair Rep. Steve Tool, Chair
Sen. Dave Owen Rep. Gayle Berry
Sen. Gloria Tanner
Rep. Todd Saliman
_________________________
On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 24(a) was suspended for Consideration of First Report of First Conference Committee on SB99-215.
_________________________
CONSIDERATION OF CONFERENCE COMMITTEE REPORT
SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill
Senator Lacy moved for the adoption of the First Report of the First Conference
Committee on SB99-215, printed in Senate Journal, April 13, pages 761-770. The motion was adopted by the following roll call vote:
YES 30 | NO 2 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | Y | Feeley | Y | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | E | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | Y | Pascoe | Y | Thiebaut | Y |
Chlouber | Y | Lacy | Y | Perlmutter | E | Wattenberg | Y |
Congrove | N | Lamborn | Y | Phillips | Y | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | Y | Mr. President |
Y |
Epps | Y | Matsunaka | E | Sullivant | Y |
The question being "Shall the bill, as amended, pass?" the roll was called with the
following result:
YES 24 | NO 8 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Musgrave | N | Tanner | Y |
Andrews | N | Feeley | N | Nichol | Y | Tebedo | Y |
Arnold | Y | Hernandez | E | Owen | Y | Teck | Y |
Blickensderfer |
Y | Hillman | N | Pascoe | Y | Thiebaut | N |
Chlouber | Y | Lacy | Y | Perlmutter | E | Wattenberg | Y |
Congrove | N | Lamborn | Y | Phillips | N | Weddig | Y |
Dennis | Y | Linkhart | Y | Reeves | Y | Wham | Y |
Dyer | Y | Martinez | Y | Rupert | N | Mr. President |
Y |
Epps | Y | Matsunaka | E | Sullivant | Y |
COMMITTEE OF REFERENCE REPORT
State, After consideration on the merits, the committee recommends that the following be Veterans referred favorably to the Committee on Finance: HB99-1126 and Military
Affairs
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB991305
*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on HB991305,
concerning weapons regulation, and, in connection therewith, standardizing
firearms regulation as a matter of statewide concern, has met
and reports that it has agreed upon the following:
That the House accede to the Senate amendments made
to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 4, line 10, strike "FEDERAL
LAW." and substitute "18 U.S.C. SEC. 922.";
line 14, strike "FEDERAL LAW" and substitute
"A COMPARABLE PROVISION OF 18 U.S.C. SEC. 922";
line 16, strike "FEDERAL LAW." and substitute
"18 U.S.C. SEC. 922.".
Page 5, line 5, after "DISTRICT", insert
"OR AUTHORITY";
strike lines 9 through 11.
Renumber succeeding subparagraphs accordingly.
Page 5, line 12, after "FIREARMS", insert
"AT ANY ATHLETIC EVENT THAT IS SANCTIONED OR SPONSORED BY
AN AMATEUR ATHLETIC ASSOCIATION OR".
Page 6, line 1, strike "FEDERAL OR";
line 2, strike "LAW;" and substitute "LAW
OR ANY PROVISION OF 18 U.S.C. SEC. 922;";
line 13, change the period to a semicolon;
strike lines 14 through 25, and substitute the following:
"(X) REGULATION OF ARMORPIERCING
AMMUNITION, AS DEFINED IN 18 U.S.C. SEC. 921 (a) (17), TO THE
EXTENT ARMORPIERCING AMMUNITION IS REGULATED IN 18 U.S.C.
SEC. 922 (a) (7) AND (a) (8);
(XI) REGULATIONS THAT PROHIBIT THE FLOURISHING OF A FIREARM IN A MANNER CALCULATED TO ALARM A REASONABLE PERSON.";
line 26, strike "(c)" and substitute "(b)",
and strike "(IX)" and substitute "(VIII)".
Page 7, strike lines 11 through 17.
Renumber succeeding subsections accordingly.
Page 7, strike line 20, and substitute the following:
"INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE
TENANT, PRIVATE EMPLOYER, OR PRIVATE BUSINESS ENTITY TO";
line 22, strike "PERSON OR" and substitute
"INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE TENANT, PRIVATE
EMPLOYER, OR PRIVATE";
strike lines 23 through 26 and substitute the following:
"(7) NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO SUPERCEDE OR CONFLICT WITH THE PROVISIONS OF SECTION
1812105.5.
(8) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO LIMIT THE AUTHORITY OF THE GENERAL ASSEMBLY OR THE GOVERNOR
TO REGULATE THE POSSESSION OR USE OF FIREARMS IN ANY BUILDING
OR ON ANY PROPERTY OWNED BY THE STATE OR ANY AGENCY OR SUBDIVISION
THEREOF AND IN ANY BUILDING WHOLLY OCCUPIED OR PORTION OF ANY
BUILDING OCCUPIED BY THE STATE OR ANY AGENCY OR SUBDIVISION THEREOF.
(9) IN THE EVENT ANY PORTION OF THIS SECTION
IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL,
THE REMAINING PROVISIONS OF THIS SECTION SHALL BE VALID, UNLESS
IT APPEARS TO THE COURT THAT THE VALID PROVISIONS OF THIS SECTION
ARE SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT
UPON, THE VOID PROVISION THAT IT CANNOT BE PRESUMED THE LEGISLATURE
WOULD HAVE ENACTED THE VALID PROVISIONS WITHOUT THE VOID ONE OR
UNLESS THE COURT DETERMINES THAT THE VALID PROVISIONS, STANDING
ALONE, ARE INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE
WITH THE LEGISLATIVE INTENT.".
Page 10, after line 10, insert the following:
"SECTION 8. Article 12
of title 18, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
1812105.7. Unlawful possession
of firearms courts. (1) A
PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE KNOWINGLY POSSESSES
A FIREARM IN ANY BUILDING EXCLUSIVELY USED AS A COURTHOUSE OR
IN THE PORTION OF A BUILDING IN WHICH COURT IS CONVENED.
(2) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (1) OF THIS SECTION, IT SHALL NOT BE AN OFFENSE UNDER
THIS SECTION IF:
(a) THE PERSON IS AUTHORIZED BY THE CHIEF
JUDICIAL OFFICER OF THE JUDICIAL DISTRICT IN WHICH THE COURTHOUSE
IS LOCATED TO POSSESS A FIREARM IN THE BUILDING OR AUTHORIZED
BY A JUDGE TO POSSESS A FIREARM IN THE COURTROOM IN WHICH THE
JUDGE IS PRESIDING; OR
(b) THE PERSON WHO POSSESSES THE FIREARM
IS A PEACE OFFICER LEVEL I OR LEVEL Ia, AS DEFINED IN SECTION
181901 (3) (l) (I) OR (3) (l) (II), OR A FEDERAL OFFICER
WHOSE DUTIES ARE COMPARABLE TO THOSE OF A PEACE OFFICER LEVEL
I OR LEVEL Ia.
SECTION 9. Effective date applicability.
This act shall take effect upon passage, and section 8 of this
act shall apply to offenses committed on or after said date.".
Renumber succeeding section accordingly.
Respectfully submitted,
House Committee:
Senate Committee:
Rep. Gary McPherson, Chair Sen. Ginette Dennis, Chair
Rep. Doug Dean Sen. Alice Nichol
Rep. Bob Hagedorn
Sen. Ken Chlouber
TRIBUTES -- A POINT OF INTEREST
Honoring the Zonta Club of Denver -- by Senator Linkhart
Honoring the members of the Year One Youth Corps
-- by Senator Linkhart
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, April 13, was laid over until Wednesday, April 14, retaining its place on the calendar.
______________________________
On motion of Senator Blickensderfer, the Senate adjourned
until 8:30 a.m., Wednesday, April 14, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate